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Sufyian Barhoumi
| place_of_birth = Algiers, Algiers | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 694 | group = | alias = | charge = War crimes charges against Mr. Barhoumi have been dismissed but may be refiled. | penalty = | status = Still held in Guantanamo | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Sufyian Barhoumi is a citizen of Algeria, who is currently held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. The Department of Defense reports that he was born on 28 July 1973, in Algiers, Algeria and assigned him the Internment Serial Number 694. As of October 7, 2010, Sufyian Barhoumi has been held at Guantanamo for eight years four months. Combatant Status Review Barhoumi was among the 60% of prisoners who participated in the tribunal hearings.OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007 A Summary of Evidence memo was prepared for the tribunal of each detainee. Barhoumi's memo accused him of the following: | title=Summarized Statement | date=date redacted | pages=pages 24–38 | author=OARDEC | publisher=United States Department of Defense | accessdate=2008-05-03 }} On 3 March 2006, in response to a court order from Jed Rakoff the Department of Defense published a summarized transcript from his Combatant Status Review Tribunal. Charges before a military commission On 6 July 2004, United States President Bush ordered that Sufyian Barhoumi be charged before a military commission. The appointing authority approved the charges against Sufyian on 4 November 2005. Barhoumi faced the charge of "Conspiracy". His five page charge sheet listed thirteen general allegations, that were essentially identical to those of Jabran Said bin al Qahtani, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and two other captives, Binyam Ahmed Muhammad, and Omar Khadr had their charges confirmed on the same day as Barhoumi. Sufyian Barhoumi, Jabran Said bin al Qahtani, Ghassan Abdullah al Sharbi, and Binyam Ahmed Muhammad all faced conspiracy charges. Omar Khadr faced both murder and conspiracy to murder charges. Four other men, David Hicks, Salim Ahmed Hamdan, Ali Hamza Ahmed Suleiman Al Bahlul and Ibrahim Ahmed Mahmoud Al Qosi, had their charge authorized by President Bush approved in 2004. One other man, Abdul Zahir, had his charges confirmed in January 2006. In July 2006, after considering Hamdan v. Rumsfeld, the United States Supreme Court ruled that the President lacked the Constitutional Authority to order Military Commissions. The Supreme Court ruled that only the United States Congress had the authority to order Military Commissions. So the charges against all ten men were dropped. In the fall of 2006 the United States Congress passed the Military Commissions Act of 2006, authorizing commissions similar to those previously authorized by President Bush. Several of the other men who had been charged before the Presidentially authorized commissions had new charges filed against them before Congressionally authorized commissions. On 29 May 2008 Barhoumi, Jabran al-Qathani and Ghassan Abdullah al-Sharbi were charged before the Congressionally authorized military commissions. On 21 October 2008 Susan J. Crawford the official in charge of the Office of Military Commissions announced charges were dropped against Barhoumi and four other captives, Jabran al Qahtani, Ghassan al Sharbi, Binyam Mohamed, and Noor Uthman Muhammed. mirror mirror Carol J. Williams, writing in the Los Angeles Times reports that all five men had been connected by Abu Zubaydah -- one of the three captives the CIA has acknowledged was interrogated using the controversial technique known as "waterboarding". Williams quoted the men's attorneys, who anticipated the five men would be re-charged in thirty days. They told Williams that: "... prosecutors called the move procedural", and attributed it to the resignation of fellow Prosecutor Darrel Vandeveld, who resigned on ethical grounds. Williams reported that Clive Stafford Smith speculated that the Prosecution's dropping of the charges, and plans to subsequently re-file charges later was intended to counter and disarm the testimony Vandeveld was anticipated to offer, that the Prosecution had withheld exculpatory evidence. 2008 Administrative Review Board hearing On 9 January 2009, the Department of Defense published documents from the Administrative Review Board hearings convened in 2007, which for all the other captives was their third hearing. Although their first hearings convened in 2008, the documents from Sufyian Barhoumi and Jabran al Qahtani's hearing were published with the 2007 documents from the other captives' hearings. Summary of Evidence memo A Summary of Evidence memo was prepared for Sufyian Barhoumi's 2008 Administrative Review Board. The four page memo listed thirty-two "primary factors favoring continued detention" and one "primary factor favoring release or transfer". Transcript Sufyian Barhoumi attended his hearing. The Department of Defense published a seventeen page transcript. Civil Action No. 05-cv-1506 Barhoumi had a writ of habeas corpus filed on his behalf, Civil Action No. 05-cv-1506, by pro bono attorneys from Holland & Hart LLP. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On 12 June 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror On 15 July 2008 Danielle R. Voorhees filed a "STATUS REPORT FOR PETITIONER SUFYIAN BARHOUMI a/k/a SHAFIIQ et al." on behalf of Barhoumi. mirror On 8 September 2008 Voorhees filed a "PETITIONERS’ RESPONSE TO RESPONDENTS’ MOTION FOR RELIEF FROM SCHEDULING ORDER" on behalf of Barhoumi and three other captives. mirror Detention authorized On September 24, 2009 Carol Rosenberg, writing in the Miami Herald, reported that U.S. District Court Judge Rosemary Collyer had ruled that the USA could continue to hold Sufiyan in Guantanamo. While the ruling was announced, its text remained classified. Civilian judges had concluded thirty-seven captive habeas petitions prior to Sufiyan's. They had ordered thirty of those captives released. Sufiyan's was the that Collyer had concluded. Two other captives, Mohammed Jawad and Fouad Al Rabia, who had faced charges before Guantanamo military commissions had their petitions concluded prior to Sufiyan's, were ordered to be released. References External links * Who Are the Remaining Prisoners in Guantánamo? Part Six: Captured in Pakistan (2 of 3) Andy Worthington, October 6, 2010 * Commissions Transcripts Exhibits, and Allied Papers * US military charges Omar Khadr with murder, CTV, 7 November 2005 * US charges five Guantanamo detainees with war crimes, China Daily, 7 November 2005 * Canadian held at Guantanamo charged with murder, CBC, 7 November 2005 * Five More Guantanamo Detainees Charged, The Guardian, 7 November 2005 * Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010) * Supreme Court to hear challenge to military commissions, San Francisco Mercury, 7 November 2005 Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Algerian extrajudicial prisoners of the United States Category:1973 births Category:People from Algiers